Maine Supreme Court to Rule On Email Anonymity

PORTLAND, Maine — The Maine Supreme Judicial Court heard arguments Tuesday to determine whether the sender of a prank email that claimed to be from another person must reveal his name.

The case revolves around a Dec. 24, 2003, email that contained cartoon images of Great Diamond Island resident Ronald Fitch and his wife. The message was sent to Fitch and five other residents of Great Diamond Island, and came from a Hotmail account registered in Fitch’s name.

Fitch has sued the anonymous sender, claiming violation of privacy, misappropriation of identity, fraud, putting Fitch in a false light and infliction of emotional distress, and asked that the sender’s Internet service provider reveal his name.

On May 12, a superior court issued an order instructing Time Warner, the sender’s service provider, to reveal the identity. John Doe’s attorney filled an appeal later that month.

Paul Levy, a Washington, D.C.-based public interest attorney with the Public Citizen Litigation Group, argued before Maine’s highest court on Tuesday that revealing the anonymous sender’s name would be an invasion of the sender’s right to privacy.

“Our issue is not what happens in this case, it’s in what process the court uses in these anonymous-speech cases,” Levy said.

Levy’s group, which has filed briefs on behalf of at least two dozen cases of Internet users who want to protect their identities, proposes that Maine adopt a test by which plaintiffs seeking to have Internet users revealed must first show that they have been harmed by the speech and that a claim would prevail under state law.

Justice Donald Alexander questioned Levy’s reasoning, asking, “What possible public interest is there in protecting the identity of an identity thief?”

Levy responded that it was premature to reveal the defendant’s name because it was unclear whether this was actually identity theft or a form of constitutionally protected parody.

Tom Connolly, the attorney for Fitch, told the court that the email does not warrant any type of constitutional protection.

“This is not anonymous speech,” Connolly said. “Anonymous is non-attributed. Fraud, though is falsely attributed.”

The American Civil Liberties Union and the Electronic Frontier Foundation also filed briefs in support of the defendant.

The justices said they will issue a written decision sometime in the near future.

The case is Finch vs. John or Jane Doe, No. CV-04-078.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Proposed New Hampshire AV Bill Appears to Violate Constitution

A bill in the New Hampshire state legislature, aimed at requiring adult sites to age-verify users in that state, contains a provision that seemingly contradicts the Supremacy Clause in Article VI of the U.S. Constitution.

AEBN Publishes Report on Fetish Trends

AEBN has published a report on fetish categories from its straight and gay theaters.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

Industry Photographer, 'Payout' Founder Mike B Passes Away

Longtime industry photographer and publisher Michael Bartholomey, known widely as Mike B, passed away Saturday.

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

AdultHTML Launches Black Friday Web Design, Development Promo

AdultHTML has launched its annual Black Friday/Cyber Monday promo for web design and development, running through Dec. 5.

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Creator Law Firm 'OnlyFirm' Launches

Entertainment attorney Alex Lonstein has officially launched OnlyFirm.com for creators.

German Court Puts Pornhub, YouPorn 'Network Ban' on Hold

The Administrative Court of Düsseldorf has temporarily blocked the State Media Authority of North Rhine-Westphalia (LfM) from forcing telecom providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

FSC: NC Law Invalidating Model Contracts Takes Effect December 1

The Free Speech Coalition (FSC) has issued a notice that North Carolina's Prevent Exploitation of Women and Minors Act goes into effect on December 1.

Show More